Court halts Chicago from moving graves near O'Hare

A state Appellate Court today temporarily barred the city of Chicago from acquiring a historic cemetery and relocating its graves to make way for a new runway at O'Hare International Airport.

The city must stop removing graves from St. Johannes Cemetery, even with permission from next of kin, said Joseph Karaganis, an attorney representing those opposed to city ownership of the cemetery.

"They're not going to be removing any bodies," he said.

Family members wait as remains are exhumed at a cemetery near O'Hare on Thursday. Later in the day, an Illinois appellate court temporarily barred the city from relocating more of the graves. (Chuck Berman/Tribune)

Karaganis said family members can still have graves relocated if they wish, but the city cannot be part of the process and city officials cannot be on cemetery property.

"While we are disappointed, we will observe the court's decision and discontinue our disinterment efforts," Chicago Aviation Commissioner Rosemarie Andolino said in a written statement.

A DuPage County judge had previously approved transfer of title of the 5.3-acre cemetery from St. John's United Church of Christ to the city for a preliminary price of $630,000.

The church and relatives of those buried at the 161-year-old cemetery appealed the transfer. Attorneys are expected to file arguments pertaining to the fate of the cemetery by April, according to court documents.

The city has removed about a half-dozen graves this week with the consent of relatives and closed the cemetery during exhumations except to visitors with family members buried there, said Eve Rodriguez, a spokeswoman with the city's aviation department.

The city had hoped to build the new runway by 2011, but it faces other hurdles before completing the entire $15 billion O'Hare Modernization Program, which would add new runways and terminals.

The church and many relatives of people buried there argued that moving the graves violates the religious rights of the deceased.

"As far as the church is concerned ... when a person is laid to rest, they've been laid to rest in a permanent state," said Bob Sell, 44, of Arlington Heights, who estimates he has 75 to 100 family members buried there. "They're not to be disturbed by the hands of man."

Rodriguez said the city has relocated about 24 graves to nearby cemeteries with the consent of family members.

"We have actually had family members present, and we have been working closely with them," Rodriguez said.

The court had prohibited the city from moving graves in cases where next of kin objected so the church and relatives could have time to appeal.